Action brought on 2 February 2010 - SIMS - Ecole de ski internationale v OHIM - SNMSF (esf école du ski français)

(Case T-41/10)

Language in which the application was lodged: French

Parties

Applicant: Syndicat international des moniteurs de ski - Ecole de ski internationale (SIMS - Ecole de ski internationale) (Albertville, France) (represented by: L. Raison-Rebufat, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Syndicat national des moniteurs du ski français (SNMSF) (Meylan, France)

Form of order sought

vary and annul in its entirety Decision R 235/2009-1 of 11 November 2009 of the First Board of Appeal of OHIM concerning the action for annulment brought by the applicant against Decision 2557 C of the Cancellation Division of OHIM to reject its application for a declaration of invalidity of the Community trade mark No 4 624 987 on the ground of an infringement of the provisions of Article 7(1) (h) and (g) of Regulation (EC) No 207/2009;

declare that the trade mark No 4 624 987 is invalid on the dual ground of:

infringement of Article 6b(1)(a) and (c) of the Paris Convention to which Article 7(h) of Council Regulation No 207/2009 of 26 February 2009 on the Community trade mark expressly refers;

infringement of Article 52 of the Regulation referring to Article 7(1)(g) of Council Regulation No 207/2009 of 26 February 2009 on the Community trade mark;

declare the revocation of mark No 4 624987 on the ground of the infringement of Article 51(1)(c) of Regulation No 207/2009 of the Council of 26 February 2009 on the Community trade mark.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark 'esf école du ski français' for goods and services in Classes 25, 28 and 41 (Community trade mark No 4 624 987).

Proprietor of the Community trade mark: Syndicat national des moniteurs du ski français.

Applicant for the declaration of invalidity: Syndicat international des moniteurs de ski - Ecole de ski internationale (SIMS - Ecole de ski internationale)

Decision of the Cancellation Division: Dismiss the application for a declaration of invalidity.

Decision of the Board of Appeal: Dismiss the appeal of the applicant

Pleas in law: infringement of Article 7(1)(h) and (g) and Article 51(1)(c) of Regulation No 207/2009.

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